EB-2 NIW Appeals: Fashion & Design
Last updated 2026-09-02
The AAO dismissed 94.3% of EB-2 NIW appeals from Fashion & Design petitioners in published non-precedent decisions from 2019–2025 (n=35). The criterion most often at issue was Exceptional ability.
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2025 | 2 (—) | 0 | 0 | 2 |
| 2024 | 22 (100.0%) | 0 | 0 | 22 |
| 2023 | 6 (—) | 0 | 0 | 6 |
| 2022 | 1 (—) | 0 | 1 | 2 |
| 2021 | 2 (—) | 0 | 0 | 2 |
| 2019 | 0 (—) | 0 | 1 | 1 |
Criteria Breakdown
| Criterion | In Dismissed | In Sustained | Total | Dismissal Rate |
|---|---|---|---|---|
| Exceptional ability | 36 | 0 | 39 | 92.3% |
| Prong 1: Substantial merit and national importance | 27 | 0 | 28 | 96.4% |
| Advanced degree | 17 | 0 | 19 | — |
| Prong 2: Well positioned to advance the endeavor | 16 | 0 | 17 | — |
| Prong 3: On balance, waiver benefits the U.S. | 15 | 0 | 17 | — |
Example Decisions
Dismissed2024-07-17The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification a
Dismissed2024-06-11The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had national importance,
Dismissed2024-12-20The appeal was dismissed because the petitioner failed to establish that her proposed endeavor had the requisite 'nation
Dismissed2024-08-16The appeal was dismissed because the petitioner failed to establish that her proposed endeavor as a business owner and c
Dismissed2024-02-28The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor. Wh
NYSDOT-era decisions (pre-2017)
Outcomes by Year
| Year | Dismissed | Sustained | Remanded | Total |
|---|---|---|---|---|
| 2012 | 1 (—) | 0 | 0 | 1 |
| 2011 | 1 (—) | 0 | 0 | 1 |
Criteria Discussed
| Criterion | In Dismissed | In Sustained | Total |
|---|---|---|---|
| Exceptional ability | 5 | 0 | 5 |
| Motion to reopen/reconsider | 2 | 0 | 2 |
| Procedural/filing | 1 | 0 | 1 |
Sample: published AAO non-precedent decisions collected from uscis.gov. EB-2 NIW statistics reflect the Dhanasar framework era (2019–2025); the prior NYSDOT framework applied different legal standards. These are appeals, not all USCIS adjudications; approval rates here are not initial-filing approval rates. Read our full methodology.
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